Christina Spicer  |  February 10, 2020

Category: Legal News

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interior of a mercedes benz regarding Canadian air conditioner class actionMercedes-Benz Canada Inc. is facing a moldy air conditioner class action lawsuit claiming that a defect in the luxury vehicles air conditioning and heating systems causes mold and mildew to form and to be blown throughout the car by the system.

According to the complaint, which was filed by a Canadian legal firm, a variety of late-model Mercedes vehicles are affected. These vehicles include the following;

  • 2008-2019 Mercedes C-Class
  • 2012-2017 Mercedes CLS-Class
  • 2010-2019 Mercedes E-Class
  • 2013-2016 Mercedes GL-Class
  • 2017-2019 Mercedes GLS-Class
  • 2015-2019 Mercedes GLA-Class
  • 2012-2015 Mercedes M-Class
  • 2016-2019 Mercedes GLE-Class
  • 2010-2015 Mercedes GLK-Class
  • 2016-2019 Mercedes GLC-Class

The legal group that initiated the Canada-wide Mercedes-Benz moldy air conditioner class action lawsuit, the Consumer Law Group, says, “the vehicles in question have a faulty design that fails to properly evaporate or drain the system condensation, creating a rich environment for the growth of bacteria, fungi, mold, and spores, which are then are blown into the passenger cabin through the HVAC systems,” on its website. “The moldy air has a highly unpleasant noxious and mildewy smell that cause the vehicles’ passenger cabins to be unbearable and can also cause respiratory problems and aggravate allergies.”

According to the Mercedes-Benz moldy air conditioner class action lawsuit, the issue is exacerbated in warm, humid weather and after it rains. The complaint says that the odour is moldy, mildew or sour and has resulted in owners and lessees having to pay to try and solve the problem or resort to air fresheners to mask the scent.

In addition to the obnoxious odour, the problem also results in reduced efficiency of the heating and conditioning system.

The problem, according to the complaint, stems from the failure of the heating and air conditioning system to properly evaporate condensation that occurs as outside air is heated or cooled. The excess moisture allegedly creates a hospitable environment for the growth of bacteria and mold. The mold eventually forms mycotoxins, says the complaint, that are emitted into the air and blown through the vehicle when the system is activated.

Further, the carmaker exacerbated the costs on owners and lessees, according to the Mercedes-Benz moldy air conditioner class action lawsuit. Mercedes-Benz pushed nonpermanent solutions onto those seeking a repair for the moldy air problem, including replacing the cabin air filter, “flushing” the system, or using various cleaners. These so-called solutions were not free, says the complaint, noting that Mercedes charged consumers for temporary respites from moldy air that always seemed to return.

According to the legal group representing the plaintiff in the Mercedes-Benz moldy air conditioner class action lawsuit, a similar class action has been filed and settled in the United States.

The plaintiff, D. Leopardi, seeks to represent Canadians nationwide who purchased or leased an affected Mercedes-Benz vehicle. The plaintiff says that he and the proposed Class have suffered damages because of the allegedly defective air conditioning system, including overpayment for the vehicles, repairs, and loss of value in the event of resale.

Have you been affected by mold and mildew problems in your Mercedes-Benz? Tell us your story in the comments below!

The plaintiff is represented by Andrea Grass of the Consumer Law Group Inc.

The Mercedes-Benz Moldy Air Conditioner Class Action Lawsuit is D. Leopardi v. Mercedes-Benz Canada Inc., Case No. 500-06-001036-199 in the Superior Court of Québec, District of Montreal, Canada.

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34 thoughts onMercedes-Benz Canada is Facing a Moldy Air Conditioner Class Action Lawsuit

  1. Mohammad Omer Khan says:

    I own Mercedes Benz GLK 250 Bluetech 2013. Yes I suffer itchy eyes and my wife gets esthma during long drives.

  2. Sheila Middleton says:

    Me too – please add me to your list. My 2009 C300 odour is now very pronounced. 2023 01 19 calls to Mercedes Canada, they deny any knowledge of this issue. Service coordinators just want me to drop it off for diagnosis (at a shop rate of $175 + tax).

  3. Denise says:

    I have an E400 2018 Mercedes and I told Mercedes’ when they did my tune up about the smell when I start the car through the air conditioner. They told me nothing I can do it’s just what Mercedes’ do. I’m like seriously a 130,000 dollar car and that’s all
    They can say. I’ve challenged them on this and they say nothing can be done.

  4. Heidi Paranych says:

    I have a 2014 GL 450 and have complained to the dealership since the vehicle was 6 months old. They never acknowledged this was a known problem.

    It is disgusting. It is so embarrassing to have a fart stinking vehicle that is a Luxury model.

    The joke is, my vehicle has an AC rest feature, which is Mercedes basically admitting that the vehicle has an issue and it’s up to the owner to dry out the venting before turning off the vehicle because it is a known issue.

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